81 FR 38670 - Pure Magnesium From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 114 (June 14, 2016)
International Trade Administration
Federal Register Volume 81, Issue 114 (June 14, 2016)
| Page Range | 38670-38671 | |
| FR Document | 2016-14059 |
[Federal Register Volume 81, Number 114 (Tuesday, June 14, 2016)] [Notices] [Pages 38670-38671] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14059] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-832] Pure Magnesium From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On February 8, 2016, the Department of Commerce (``Department'') published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on pure magnesium from the People's Republic of China (``PRC'') covering the period May 1, 2014 through April 31, 2015.\1\ This review covers one PRC exporter, Tianjin Magnesium International, Co., Ltd. (``TMI'') and Tianjin Magnesium Metal, Co., Ltd. (``TMM'') (collectively ``TMI/ TMM''). The Department gave interested parties an opportunity to comment on the Preliminary Results, but we received no comments. Hence, these final results are unchanged from the Preliminary Results, and we continue to find that TMI/TMM did not have reviewable entries during the period of review (``POR''). --------------------------------------------------------------------------- \1\ See Pure Magnesium From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014- 2015, 81 FR 6504 (February 8, 2016) (``Preliminary Results''). --------------------------------------------------------------------------- DATES: Effective Date: June 14, 2016. FOR FURTHER INFORMATION CONTACT: Shanah Lee or Brendan Quinn, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6386 or (202) 482-5848, respectively. SUPPLEMENTARY INFORMATION: Background On February 8, 2016, the Department published the Preliminary Results of the instant review, preliminarily finding that TMI/TMM did not have any reviewable entries during the POR.\2\ We invited interested parties to comment on the Preliminary Results.\3\ We received no comments from interested parties. --------------------------------------------------------------------------- \2\ Id., at 6505-6506. \3\ Id., at 6506. --------------------------------------------------------------------------- The Department conducted this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act''). Scope of the Order Merchandise covered by the order is pure magnesium regardless of chemistry, form or size, unless expressly excluded from the scope of the order. Pure magnesium is a metal or alloy containing by weight primarily the element magnesium and produced by decomposing raw materials into magnesium metal. Pure primary magnesium is used primarily as a chemical in the aluminum alloying, desulfurization, and chemical reduction industries. In addition, pure magnesium is used as an input in producing magnesium alloy. Pure magnesium encompasses products (including, but not limited to, butt ends, stubs, crowns and crystals) with the following primary magnesium contents: (1) Products that contain at least 99.95% primary magnesium, by weight (generally referred to as ``ultra pure'' magnesium); (2) Products that contain less than 99.95% but not less than 99.8% primary magnesium, by weight (generally referred to as ``pure'' magnesium); and (3) Products that contain 50% or greater, but less than 99.8% primary magnesium, by weight, and that do not conform to ASTM specifications for alloy magnesium (generally referred to as ``off- specification pure'' magnesium). ``Off-specification pure'' magnesium is pure primary magnesium containing magnesium scrap, secondary magnesium, oxidized magnesium or impurities (whether or not intentionally added) that cause the primary magnesium content to fall below 99.8% by weight. It generally does not contain, individually or in combination, 1.5% or more, by weight, of the following alloying elements: Aluminum, manganese, zinc, silicon, thorium, zirconium and rare earths. Excluded from the scope of the order are alloy primary magnesium (that meets specifications for alloy magnesium), primary magnesium anodes, granular primary magnesium (including turnings, chips and powder) having a maximum physical dimension (i.e., length or diameter) of one inch or less, secondary magnesium (which has pure primary magnesium content of less than 50% by weight), and remelted magnesium whose pure primary magnesium content is less than 50% by weight. Pure magnesium products covered by the order are currently classifiable under Harmonized Tariff Schedule of the United States (``HTSUS'') subheadings 8104.11.00, 8104.19.00, 8104.20.00, 8104.30.00, 8104.90.00, 3824.90.11, 3824.90.19 and 9817.00.90. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope is dispositive. Final Determination of No Shipments As explained in the Preliminary Results, the Department found that TMI/TMM did not have reviewable entries during the POR.\4\ Also in the Preliminary Results, the Department stated that consistent with its refinement to its assessment practice in non-market economy (``NME'') cases, it is appropriate not to rescind the review in this circumstance but, rather, to complete the review with respect to TMI/TMM and to issue appropriate instructions to Customs and Border Protection (``CBP'') based on the final results of the review.\5\ --------------------------------------------------------------------------- \4\ Id., at 6505-6506. \5\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment Practice Refinement'') and the ``Assessment Rates'' section, below. --------------------------------------------------------------------------- After issuing the Preliminary Results, the Department received no comments from interested parties, nor has it received any information that would cause it to revisit its preliminary results. Therefore, for these final results, the Department continues to find that TMI/TMM did not have any reviewable entries during the POR. Assessment Rates The Department determined, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the [[Page 38671]] final results of this review.\6\ The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. --------------------------------------------------------------------------- \6\ See 19 CFR 351.212(b). --------------------------------------------------------------------------- Additionally, consistent with the Department's refinement to its assessment practice in NME cases, because the Department determined that TMI/TMM had no shipments of subject merchandise during the POR, any suspended entries that entered under TMI/TMM's antidumping duty case number (i.e., at that exporter's rate) will be liquidated at the PRC-wide rate.\7\ --------------------------------------------------------------------------- \7\ See Assessment Practice Refinement, 76 FR 65694. --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice of final results of the administrative review, as provided by section 751(a)(2)(C) of the Act: (1) For TMI/TMM, which claimed no shipments, the cash deposit rate will remain unchanged from the rate assigned to TMI/TMM in the most recently completed review of the company; (2) for previously investigated or reviewed PRC and non-PRC exporters who are not under review in this segment of the proceeding but who have separate rates, the cash deposit rate will continue to be the exporter- specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate of 111.73 percent; \8\ and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter(s) that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \8\ See Pure Magnesium From the People's Republic of China: Final Results of the 2008-2009 Antidumping Duty Administrative Review of the Antidumping Duty Order, 75 FR 80791 (December 23, 2010). --------------------------------------------------------------------------- Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (``APO'') of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. We are issuing and publishing these final results and this notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: June 7, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016-14059 Filed 6-13-16; 8:45 am] BILLING CODE 3510-DS-P
![38670 Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Notices
113. Top-Wok Metal Co., Ltd. FOR FURTHER INFORMATION CONTACT: by weight. It generally does not contain,
114. Traffic Brick Network, LLC Shanah Lee or Brendan Quinn, AD/CVD individually or in combination, 1.5% or
115. Union Industry (Asia) Co., Ltd. Operations, Office III, Enforcement and more, by weight, of the following
116. USA Worldwide Door Components alloying elements: Aluminum,
Compliance, International Trade
(PINGHU) Co., Ltd.
117. Wenzhou Shengbo Decoration & Administration, U.S. Department of manganese, zinc, silicon, thorium,
Hardware Commerce, 14th Street and Constitution zirconium and rare earths.
118. Whirlpool (Guangdong) Avenue NW., Washington, DC 20230; Excluded from the scope of the order
119. WTI Building Products, Ltd. telephone: (202) 482–6386 or (202) 482– are alloy primary magnesium (that
120. Zahoqing China Square Industry 5848, respectively. meets specifications for alloy
Limited/Zhaoqing China Square Industry SUPPLEMENTARY INFORMATION: magnesium), primary magnesium
Limited anodes, granular primary magnesium
121. Zhaoqing Asia Aluminum Factory Background (including turnings, chips and powder)
Company Ltd. having a maximum physical dimension
122. Zhaoqing China Square Industrial Ltd.
On February 8, 2016, the Department
123. Zhejiang Anji Xinxiang Aluminum Co., published the Preliminary Results of the (i.e., length or diameter) of one inch or
Ltd. instant review, preliminarily finding less, secondary magnesium (which has
124. Zhejiang Yongkang Listar Aluminium that TMI/TMM did not have any pure primary magnesium content of less
Industry Co., Ltd. reviewable entries during the POR.2 We than 50% by weight), and remelted
125. Zhejiang Zhengte Group Co., Ltd. invited interested parties to comment on magnesium whose pure primary
126. Zhenjiang Xinlong Group Co., Ltd. the Preliminary Results.3 We received magnesium content is less than 50% by
127. Zhongshan Daya Hardware Co., Ltd. no comments from interested parties. weight.
128. Zhongshan Gold Mountain Aluminium The Department conducted this Pure magnesium products covered by
Factory Ltd. the order are currently classifiable
129. Zhuhai Runxingtai Electrical Equipment
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as under Harmonized Tariff Schedule of
Co., Ltd.
amended (‘‘the Act’’). the United States (‘‘HTSUS’’)
[FR Doc. 2016–14046 Filed 6–13–16; 8:45 am] subheadings 8104.11.00, 8104.19.00,
BILLING CODE 3510–DS–P Scope of the Order 8104.20.00, 8104.30.00, 8104.90.00,
Merchandise covered by the order is 3824.90.11, 3824.90.19 and 9817.00.90.
pure magnesium regardless of Although the HTSUS subheadings are
DEPARTMENT OF COMMERCE chemistry, form or size, unless expressly provided for convenience and customs
International Trade Administration excluded from the scope of the order. purposes, the written description of the
Pure magnesium is a metal or alloy scope is dispositive.
[A–570–832] containing by weight primarily the Final Determination of No Shipments
element magnesium and produced by
Pure Magnesium From the People’s decomposing raw materials into As explained in the Preliminary
Republic of China: Final Results of magnesium metal. Pure primary Results, the Department found that TMI/
Antidumping Duty Administrative magnesium is used primarily as a TMM did not have reviewable entries
Review; 2014–2015 chemical in the aluminum alloying, during the POR.4 Also in the
AGENCY: Enforcement and Compliance, desulfurization, and chemical reduction Preliminary Results, the Department
International Trade Administration, industries. In addition, pure magnesium stated that consistent with its
Department of Commerce. is used as an input in producing refinement to its assessment practice in
magnesium alloy. Pure magnesium non-market economy (‘‘NME’’) cases, it
SUMMARY: On February 8, 2016, the
encompasses products (including, but is appropriate not to rescind the review
Department of Commerce
not limited to, butt ends, stubs, crowns in this circumstance but, rather, to
(‘‘Department’’) published in the
and crystals) with the following primary complete the review with respect to
Federal Register the preliminary results
magnesium contents: TMI/TMM and to issue appropriate
of the administrative review of the
(1) Products that contain at least instructions to Customs and Border
antidumping duty order on pure
99.95% primary magnesium, by weight Protection (‘‘CBP’’) based on the final
magnesium from the People’s Republic
(generally referred to as ‘‘ultra pure’’ results of the review.5
of China (‘‘PRC’’) covering the period After issuing the Preliminary Results,
May 1, 2014 through April 31, 2015.1 magnesium);
(2) Products that contain less than the Department received no comments
This review covers one PRC exporter, from interested parties, nor has it
Tianjin Magnesium International, Co., 99.95% but not less than 99.8% primary
magnesium, by weight (generally received any information that would
Ltd. (‘‘TMI’’) and Tianjin Magnesium cause it to revisit its preliminary results.
Metal, Co., Ltd. (‘‘TMM’’) (collectively referred to as ‘‘pure’’ magnesium); and
(3) Products that contain 50% or Therefore, for these final results, the
‘‘TMI/TMM’’). The Department gave Department continues to find that TMI/
greater, but less than 99.8% primary
interested parties an opportunity to TMM did not have any reviewable
magnesium, by weight, and that do not
comment on the Preliminary Results, entries during the POR.
conform to ASTM specifications for
but we received no comments. Hence,
alloy magnesium (generally referred to Assessment Rates
these final results are unchanged from
as ‘‘off–specification pure’’ magnesium).
the Preliminary Results, and we ‘‘Off–specification pure’’ magnesium The Department determined, and CBP
continue to find that TMI/TMM did not is pure primary magnesium containing shall assess, antidumping duties on all
have reviewable entries during the appropriate entries of subject
srobinson on DSK5SPTVN1PROD with NOTICES
magnesium scrap, secondary
period of review (‘‘POR’’). magnesium, oxidized magnesium or merchandise in accordance with the
DATES: Effective Date: June 14, 2016. impurities (whether or not intentionally
4 Id.,
at 6505–6506.
added) that cause the primary
1 See Pure Magnesium From the People’s 5 SeeNon-Market Economy Antidumping
Republic of China: Preliminary Results of
magnesium content to fall below 99.8% Proceedings: Assessment of Antidumping Duties, 76
Antidumping Duty Administrative Review; 2014– FR 65694 (October 24, 2011) (‘‘Assessment Practice
2 Id., at 6505–6506.
2015, 81 FR 6504 (February 8, 2016) (‘‘Preliminary Refinement’’) and the ‘‘Assessment Rates’’ section,
Results’’). 3 Id., at 6506. below.
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![Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Notices 38671
final results of this review.6 The reimbursement of antidumping duties circumstances did not exist 2 and
Department intends to issue assessment occurred and the subsequent assessment received no comments on this issue.
instructions to CBP 15 days after the of double antidumping duties. Based on the examination of the
date of publication of these final results shipping data placed on the record by
Administrative Protective Order
of review. the mandatory respondents after the
Additionally, consistent with the This notice also serves as a reminder Preliminary Determination,3 we
Department’s refinement to its to parties subject to administrative examined whether the increase in
assessment practice in NME cases, protective order (‘‘APO’’) of their imports was massive by comparing
because the Department determined that responsibility concerning the shipments over the period of July 2014
TMI/TMM had no shipments of subject disposition of proprietary information through February 2015, with the period
merchandise during the POR, any disclosed under APO in accordance March 2015 through October 2015 for
suspended entries that entered under with 19 CFR 351.305(a)(3). Timely the mandatory respondents.4 Because
TMI/TMM’s antidumping duty case written notification of the return or the Preliminary Determination was
number (i.e., at that exporter’s rate) will destruction of APO materials, or published November 6 (the beginning of
be liquidated at the PRC-wide rate.7 conversion to judicial protective order, November), we used data through
is hereby requested. Failure to comply October in determining critical
Cash Deposit Requirements
with the regulations and terms of an circumstances for the mandatory
The following cash deposit APO is a sanctionable violation. respondents. For all other producers
requirements will be effective for all We are issuing and publishing these and exporters, our critical
shipments of subject merchandise final results and this notice in circumstances determination continues
entered, or withdrawn from warehouse, accordance with sections 751(a)(1) and to be based on data through August, the
for consumption on or after the 777(i) of the Act. latest month for which GTA data is on
publication date of this notice of final the record, and is thus unchanged from
Dated: June 7, 2016.
results of the administrative review, as the Preliminary Determination. The
provided by section 751(a)(2)(C) of the Paul Piquado,
Department continues to find that
Act: (1) For TMI/TMM, which claimed Assistant Secretary for Enforcement and critical circumstances do not exist for
no shipments, the cash deposit rate will Compliance.
the mandatory respondents, or for all
remain unchanged from the rate [FR Doc. 2016–14059 Filed 6–13–16; 8:45 am] other producers and exporters.
assigned to TMI/TMM in the most BILLING CODE 3510–DS–P This correction to the Final
recently completed review of the Determination is issued and published
company; (2) for previously investigated in accordance with section 777(i)(1) of
or reviewed PRC and non-PRC exporters DEPARTMENT OF COMMERCE the Tariff Act of 1930, as amended.
who are not under review in this Dated: June 8, 2016.
International Trade Administration
segment of the proceeding but who have Paul Piquado,
separate rates, the cash deposit rate will [C–533–864] Assistant Secretary for Enforcement and
continue to be the exporter-specific rate Compliance.
published for the most recent period; (3) Countervailing Duty Investigation of [FR Doc. 2016–14072 Filed 6–13–16; 8:45 am]
for all PRC exporters of subject Certain Corrosion-Resistant Steel BILLING CODE 3510–DS–P
merchandise that have not been found Products From India: Notice of
to be entitled to a separate rate, the cash Correction to Final Affirmative
deposit rate will be the PRC-wide rate Determination; Negative Determination DEPARTMENT OF COMMERCE
of 111.73 percent; 8 and (4) for all non- of Critical Circumstances
PRC exporters of subject merchandise International Trade Administration
which have not received their own rate, AGENCY: Enforcement and Compliance,
International Trade Administration, [A–570–952]
the cash deposit rate will be the rate
applicable to the PRC exporter(s) that Department of Commerce.
Narrow Woven Ribbon With Woven
supplied that non-PRC exporter. These FOR FURTHER INFORMATION CONTACT:
Selvedge From the People’s Republic
deposit requirements, when imposed, Matthew Renkey, AD/CVD Operations, of China: Preliminary Results of
shall remain in effect until further Office V, Enforcement and Compliance, Administrative Review; 2014–2015
notice. International Trade Administration,
U.S. Department of Commerce, 14th AGENCY: Enforcement and Compliance,
Notification to Importers Street and Constitution Avenue NW., International Trade Administration,
This notice serves as a final reminder Washington, DC 20230; telephone: (202) Department of Commerce.
to importers of their responsibility 482–2312. DATES: Effective Date: June 14, 2016.
under 19 CFR 351.402(f)(2) to file a SUPPLEMENTARY INFORMATION: On June 2, SUMMARY: The Department of Commerce
certificate regarding the reimbursement 2016, the Department of Commerce (the (‘‘Department’’) is conducting an
of antidumping duties prior to Department) published the Final
liquidation of the relevant entries Determination on certain corrosion- 2 See Antidumping and Countervailing Duty
during this POR. Failure to comply with resistant steel products from India.1 In Investigations of Corrosion-Resistant Steel Products
this requirement could result in the the Final Determination the Department from India, Italy, the People’s Republic of China,
Department’s presumption that the Republic of Korea, and Taiwan: Preliminary
inadvertently omitted its final analysis Determinations of Critical Circumstances, 80 FR
srobinson on DSK5SPTVN1PROD with NOTICES
of critical circumstances. Pursuant to 19 68504 (November 5, 2015).
6 See 19 CFR 351.212(b).
7 See
CFR 351.206(c)(2)(i), the Department 3 See Countervailing Duty Investigation of Certain
Assessment Practice Refinement, 76 FR Corrosion-Resistant Steel Products from India:
65694.
preliminarily determined that critical Preliminary Affirmative Determination, 80 FR
8 See Pure Magnesium From the People’s 68854 (November 6, 2015) (Preliminary
Republic of China: Final Results of the 2008–2009 1 See Countervailing Duty Investigation of Certain Determination).
Antidumping Duty Administrative Review of the Corrosion-Resistant Steel Products from India: Final 4 See the November 16, 2015, quantity and value
Antidumping Duty Order, 75 FR 80791 (December Affirmative Determination, 81 FR 35323 (June 2, shipment data for October 2015 from the mandatory
23, 2010). 2016) (Final Determination). respondents.
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Document Created: 2016-06-14 02:58:55
Document Modified: 2016-06-14 02:58:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Shanah Lee or Brendan Quinn, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6386 or (202) 482-5848, respectively. | |
| FR Citation | 81 FR 38670 |
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